LA- The Actual Workplace Flashcards
1
Q
- includes all rules of law governing the conditions under which persons may work under the control of others called an employer
- relevant concepts: labor standards and labor relations law
A
labor law
2
Q
persons may work under the control of others called an ____
A
employer
3
Q
relevant concepts under labor law:
A
- labor standards
- labor relations law
4
Q
the two concepts of labor law governs
A
- work hours
- weekly rest periods
- minimum wage rates
- unfair labor practices
- strikes and lockouts
5
Q
- prescribe the terms and conditions of employment
- affects monetary benefits and occupational health, safety, and welfare of the workers
A
labor standards
6
Q
minimum requirements prescribed by existing laws
A
labor standards
7
Q
relates to monetary and welfare benefits
A
labor standards
8
Q
labor standards relates to monetary and welfare benefits
A
- wages
- work hours
- cost of living
- allowance
- occupational, safety, and health standards
9
Q
deals with minimum terms & conditions that an employee is entitled to and that an employee is obliged to give to employees
A
labor standards
10
Q
used to denote all matters arising out of an employer- employee relationship involving collective bargaining agreement and negotiation process
A
labor relations
11
Q
labor relations are used to denote all matters arising out of an employer- employee relationship involving (2)
A
- collective bargaining agreement
- negotiation process
12
Q
its legal provisions deal with employees organizing unions and how through unions, employees are able to have collective bargaining
A
labor relations
13
Q
the rules and regulation under labor relations include
A
- promote right of employees
- penalize unfair labor practice
- provide modes of settlement of labor disputes
14
Q
labor standards and labor relations are not mutually exclusive but __.
A
complementary
15
Q
- organized by labor unions
- occurs spontaneously or as a protest
A
strikes
16
Q
- company prevents employees from working as a form of protest
- used as means of forcing employees to accept certain demands
A
lockouts
17
Q
five (5) classifications of labor laws
A
- protective legislation
- welfare/ social legislation
- diplomatic legislation
- administrative legislation
- labor relations legislation
18
Q
designed to protect the weaker party to the employment contract
- anti-sexual harassment laws, child labor, protect women against discrimination
A
protective legislation
19
Q
- remove/ reduce the insecurity of workers while at work due to hazards arising from employment
- sss, gsis, philhealth, workmen’s compensation act
A
welfare/ social legislation
20
Q
- settle labor disputes through pacific modes
- laws providing for conciliation, mediation, grievance machinery, arbitration
A
diplomatic legislation
21
Q
mild form of intervention through a neutral third party
A
conciliation
22
Q
- creates labor bodies or agencies for administrative purposes
- regulation of government agencies
A
administrative legislation
23
Q
poea
A
Philippine Overseas Employment Administration
24
Q
NLRC
A
NATIONAL LABOR RELATIONS COMMISSION
25
a stand-alone court of expertise in labor law
NLRC
26
TESDA
Technical Education and Skills Development Authority
27
-prescribe minimum requirements relating to wages, work hours, cost of living, allowances, and other monetary and welfare benefits
labor relations legislation
28
a significant constitutional provisions concerning work
section 3, article XIII of the 1987 constitution
29
explain constitutional provisions concerning work
state shall:
- afford full protection to labor (local and overseas; organized and unorganized)
- promote full employment and equality of opportunities
- guarantee rights of all workers to self-organization, collective bargaining, and negotiations
- entitled to security of tenure, human conditions of work and a living wage
- participate in policy and decision- making processes affecting their rights and benefits as provided by law
30
nine (9) worker's rights
1. right to self- organization
2. collective bargaining
3. security of tenure
4. right to just and human conditions at work
5. right to peaceful concerted activities
6. right to strike
7. right to a living wage
8. right to participate in policy and decision- making processes
9. right to just share in the fruits of production
31
examples of the right to just and human conditions at work
right to regular working hours
regular working days
overtime pay
weekly rest period
compensation for holiday work
hospitalization
32
three (3) employer's rights
1. reasonable return on investment
2. expansion and growth
3. exercise management prerogative
33
the ten (10) under employer's rights- exercise management prerogative
1. lay down and execute management policies
2. to hire
3. transfer
4. discipline
5. dismiss
6. retrenchment
7. declare redundancy
8. to cease operations
9. to sell the company
10. to abolish positions
34
this exists during period of business recession, industrial depression, or seasonal fluctuation
retrenchment
35
it exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise
to declare redundancy
36
the management may cease business operations/ undertaking even if it is not from suffering from serious business losses as long as he pays his employees their terminating pay in the amount corresponding to their length of service
to cease operations
37
TRUE/ FALSE: termination of employer-employee relationship is valid if there is serious misconduct/ willful disobedience by the employee of the lawless orders of the employer or representative in connection with work
FALSE (lawless- lawful)
38
TRUE/ FALSE: there can be termination if there is gross habitual neglect by the employer of his duties
FALSE (employer- employee)
39
TRUE/ FALSE: there can be termination if there is fraud/ willful breach by the employee of the trust imposed in him by his employer or fully authorized representative.
TRUE
40
TRUE/ FALSE: there can be termination if there is commission of a crime/ offense against the person or his employer or any immediate member of his family and his duly authorized representative.
TRUE
41
article 83
normal hours of work shall not exceed 8 hours
42
TRUE/ FALSE: article 83 states that normal work hours should not exceed 12 hours.
FALSE (12 hours- 8 hours)
43
article 84
hours worked
44
article 85
the duty of the employer to give his employees (regardless of gender), not less than 60 minutes time off for regular meals. breaks run form 5-20 minutes, and are considered as compensable working time
45
TRUE/ FALSE: article 86 states that the duty of the employer to give his employees (regardless of gender), not less than 60 minutes time off for regular meals.
FALSE (article 86- article 85)
46
article 85 states that breaks run from ____, and are considered as ___.
5-20 minutes
compensable working time
47
article 86
night shift differential
48
every employee shall be paid a night differential or not less than 10% of their regular wage for each hour of work performed by 10PM- 6AM
night shift differential (art. 86)
49
article 86 states that every employee shall be paid a night differential or not less than 10% of their regular wage for each hour of work performed by ____.
10PM- 6AM
50
TRUE/ FALSE: article 86 states that every employee shall be paid a night differential or not more than 10% of their regular wage for each hour of work performed by 10PM- 6AM.
FALSE (not more than 10%- not less than 10%)
51
all employees are entitled to article 86 except:
- domestic helpers
- government employees
- retail + service establishments regularly employing not more than 5 workers
- persons in personal service of another
- managerial employees
- officers + members of managerial staff
- unsupervised field personnel (time and performance)
52
TRUE/ FALSE: all employees are entitled to article 86 except retail + service establishments regularly employing not more than 5 workers
TRUE
